Matthew R. Rechtien, P.E., Esq. (MRechtien@BodmanLaw.com), is an attorney with Bodman PLC in Ann Arbor, Michigan, where he specializes in construction law, commercial litigation, and insurance law. Prior to becoming a lawyer, he practiced structural engineering in Texas for five years.
You probably did not go to engineering school to learn to write… and you probably did not take your job for its writing opportunities. Admit it; you probably look forward to drafting written communications about as much as you do reviewing steel shop drawings. However, if you have read any of the author’s earlier articles, you know the importance of the latter task. The former is just as critical. …
Qui tam. Don’t know the phrase? You should. It is short for qui tam pro domino rege quam pro se ipso in hac parte sequitur, Latin for “who as well for the king as for himself sues in this matter.” Qui tam lawsuits are, according to Black’s Law Dictionary, lawsuits brought under a law “that allows a private person to sue for a penalty, part of which the government or some specified public institution will receive.” …
Part 1 of this series (STRUCTURE, June 2014) built the foundation for understanding structural engineering malpractice. We explained concepts like liability and claims, generally, and tort liability specifically. On top of that foundation, we erected the framework, examining the basic elements of structural engineering malpractice, starting with the concept of duty. …
Tort – the word is familiar (even in a non-pastry context), as are its menacing children: malpractice and negligence. They trigger visceral reactions in many a structural engineer (and lawyer). The word “tort” creeps in and out of the public consciousness, perhaps most often with its partner du jour: “reform.”
We hope to avoid torts. As structural engineers, however, we cannot ignore them, for tort law sets the standard that our professional engineering services are expected to meet or exceed. …
The more than three decades that have passed since the collapse of hanging walkways at Kansas City’s Hyatt Regency Hotel have turned that catastrophe into the textbook cautionary tale for structural engineers. No other collapse (save maybe the World Trade Center) has led me to as many discussions within and out of the profession. …